NDLI: Madan Lal Vs. The State of Rajasthan & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Water disputes 1954 Rajasthan Irrigation and Drainage Act s.53 Jurisdiction of civil court
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Act(s) Referred	Rajasthan Irrigation and Drainage Act, 1954 (21 of 1954)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Rajasthan Irrigation and Drainage Act, 1954: s.53 – Dispute with regard to water and its distribution to the fields of contesting parties – Appellant approached the Authorities under the 1954 Act but was unsuccessful – He filed suit before the trial court challenging the order of Appellate Authority which was also dismissed – First appellate court allowed the appeal of appellant which was, however, set aside by High Court on the ground that the civil court could not entertain or deal with such disputes – On appeal, held: Under s.53, if there is a difference between two or more persons with regard to rights and liabilities in respect of the use, construction or maintenance of a water courses, then the dispute has to be first referred to the Divisional Irrigation Officer, who enquires the matter and pass an order – He can also transfer the matter to the Collector who may enquire into the matter and dispose it of – The appeal against the order of the Divisional Irrigation Officer lies to the Superintending Irrigation Officer – s.53 (2) is absolutely clear that the order passed by the Authorities under the Act would be final for any crop sown or growing when such order is made and shall remain in force until set aside by the decree of a Civil Court – This clearly implies that the Civil Court has jurisdiction to entertain and decide such a dispute – The only caveat is that the Civil Court shall not pass any order in respect of crops sown or growing in the land at the time of passing of the order – High Court fell in error while holding that the Civil Court could not have set aside the suit – Judgment of the High Court set aside – Matter remitted to the High Court to decide the dispute on merits – Water disputes – Jurisdiction of civil court
Judge	N/A
Neutral Citation	2019 INSC 963
Petitioner	Madan Lal
Respondent	The State Of Rajasthan & Ors.
SCR	[2019] 12 S.C.R. 226
Judgement Date	2019-08-27
Case Number	6975

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Madan Lal Vs. The State of Rajasthan & Ors.

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Madan Lal Vs. The State of Rajasthan & Ors.

Madan Lal Vs. The State of Rajasthan & Ors.

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